Terms & Conditions
1- Definitions
The GTC - The present general terms and conditions, where applicable in their version and as modified by “Le Sens du Détail”.
The client - Any User contracting with “Le Sens du Détail”.
Contract or Contractual Documentation - The user agreement that is concluded between ourselves and you upon your acceptance of the T&Cs.
The Service Agreement - The contract concluded between ourselves and you as described in the Terms and Conditions related to the Service Agreement.
“Le Sens du Détail” or ourselves - Le Sens du Détail Ltd., 32, Avenue de Frontenex, 1207 Geneva, n° CHE-481.085.953.
The action by which a User sends a Service request through the form dedicated to this purpose on the Site.
The Services - The services offered by “Le Sens du Détail” as described in art. 2.1 and 2.2.
The Site - The website which can be found at the address www.lesensdudetail.ch and any other domains referring to the aforementioned address.
The User or yourself - Any person using the Site or any other support hosted by “Le Sens du Détail”.
2 - The Services
2.1 “Le Sens du Détail” provides jewellery and watchmaking professionals with support in building a unique offer and identity.
2.2 The scope of the Services offered to the Customer by “Le Sens du Détail” is specified at the time of the Offer (as defined in the conditions relating to the Service Agreement). Subject to art. 9.1, the Services are, in theory, displayed and presented on the Site.
2.3 The GTC apply to all Services offered by “Le Sens du Détail”. Special provisions may apply to certain Services offered by “Le Sens du Détail”.
3- The Contract
3.1 By using the Site and the Services offered by “Le Sens du Détail”, especially when contracting a Service Agreement following a Service Request, you agree to be bound by the following Contractual Documentation:
a) The present general terms and conditions
b) Our Privacy Policy
c) Our cookie policy
d) The special provisions applicable to certain services offered by “Le Sens du Détail”, including the conditions relative to the Service Contract.
3.2 In addition to any Service Agreement concluded between you and us, the general terms and conditions, privacy policy, cookie policy and special provisions applicable to certain services offered by “Le Sens du Détail” form an integral part of the Contract between you and “Le Sens du Détail”.
4 - Use of the Site - In general
4.1 The Site is accessible to Users, whether or not they have registered.
4.2 The data that you submit to us in connection with a Service Request and the use of the Site and our Services (especially following the conclusion of a Service Agreement) is managed in accordance with our Privacy Policy.
4.3 You must be capable of discernment within the meaning of Art. 16 of the Swiss Civil Code (SR 210) to submit a Service Request. Please refer to the conditions set out in our Privacy Policy for further details.
4.4 It is your responsibility to provide accurate and complete information in a Service Request. In accordance with our Privacy Policy, you may correct inaccurate information/data about yourself at any time.
4.5 There is no right to conclude a Service Agreement with “Le Sens du Détail” following the submission of a Service Request. “Le Sens du Détail” reserves the right to make an Offer or not (as defined in the terms and conditions of the Service Agreement) to a User.
4.6 The Site requires the use of cookies. These are managed in accordance with our cookie policy.
5 - Guarantee
5.1 “Le Sens du Détail” uses all reasonable efforts to ensure that the information on the Site (and on the social networks it animates) is accurate. However, any liability of “Le Sens du Détail” is excluded in this respect.
5.2 The contents of the Site (and of the social networks animated by “Le Sens du Détail”) do not constitute advice, recommendations, guarantees, or authorisations from “Le Sens du Détail” itself. They are not intended to serve as a basis for the making of (or failure to make) any decision and/or for any use whatsoever. Any User who makes a decision on the basis of, or who uses in any other way, the contents of the Site (or of the social networks managed by “Le Sens du Détail”), does so at their own risk. “Le Sens du Détail” expressly excludes any guarantee, especially any guarantee of usefulness for a certain use and non-violation of rights.
5.3 Payment is generally made by invoice or by bank transfer. “Le Sens du Détail” indicates in its Offer, or following its Offer, the various options and the information necessary to proceed with payments.
5.4 If the Customer and “Le Sens du Détail” both agree on a fixed price, “Le Sens du Détail” will provide or perform the subject of the Service Agreement for the fixed sum, provided that the performance of the object of the Service Agreement is not prevented or made excessively difficult by extraordinary circumstances, impossible to foresee, excluded by the accepted forecasts of the Customer and “Le Sens du Détail” or by new elements brought to the knowledge of the latter, in which case “Le Sens du Détail” will be able to demand a price increase or terminate the Service Agreement.
5.5 Unless otherwise agreed, costs such as those for the acquisition of equipment or any other costs necessary for the execution of the Service Contract as well as travel expenses are additionally invoiced/charged, in compliance with the indications given by “Le Sens du Détail” in its Offer, or following the latter. These additional costs will be indicated separately on the invoices sent to the Client.
6- Responsibility
6.1 In general. Technical problems. “Le Sens du Détail” declines all responsibility for temporary unavailability and/or malfunctioning of the Site, whatever the cause may be.
6.2 Technical problems. “Le Sens du Détail” declines all responsibility for temporary unavailability and/or malfunctioning of the Site, whatever the cause may be.
7 - Compensation
7.1 Each User agrees to indemnify “Le Sens du Détail”, its subsidiaries, employees, managers, directors, consultants, representatives, successors or transferees (for the purposes of this article only, the Affiliates of “Le Sens du Détail") for any damage incurred by “Le Sens du Détail” or the Affiliates of “Le Sens du Détail” in connection with claims made by third parties (including other Users) as a result of the actions or omissions of this User on the Site and social networks managed by “Le Sens du Détail”, especially in case of violation of third parties' intellectual property rights. Compensation will also cover legal, trial, procedural, expert appraisal, negotiation, consulting and any other costs and expenses incurred by “Le Sens du Détail” and the Affiliates of “Le Sens du Détail” for the defence.
7.2 “Le Sens du Détail” shall promptly disclose in writing, to the relevant User, any claim made by a third party against “Le Sens du Détail” or “Le Sens du Détail” Affiliates. The User concerned (i) undertakes to assist “Le Sens du Détail” or “Le Sens du Détail” Affiliates in any proceedings, including legal proceedings, initiated by the third parties allegedly wronged; (ii) undertakes to make available to “Le Sens du Détail” or “Le Sens du Détail” Affiliates all information necessary for the defence of “Le Sens du Détail” or “Le Sens du Détail” Affiliates, (iii) gives “Le Sens du Détail” or “Le Sens du Détail” Affiliates the exclusive power to conduct this defence and/or to appoint the representative of its choice to do so, and (iv) grants “Le Sens du Détail” and “Le Sens du Détail” Affiliates, and where applicable their representative, the exclusive power to enter into a compromise (compromise), after prior consultation with the User concerned.
8- Intellectual property
8.1 The Site, including its interface and (programming) code, are the exclusive property of “Le Sens du Détail” and must not be reproduced or otherwise used by Users, except in the context of a normal use of the Site itself.
8.2 “Le Sens du Détail” authorises Users to reproduce and distribute the contents of the Site created by “Le Sens du Détail” (e.g. editorial articles), provided that they expressly indicate the Site as the source of the content in question.
9 - Miscellaneous
9.1 Inserts and pictograms. In order to facilitate understanding, “Le Sens du Détail” may provide information or define Services that include all or part of the Contractual Documentation and any Service Agreement, by means of inserts or a system of pictograms. The aforementioned inserts and/or pictograms have a purely indicative purpose: only the Contractual Documentation and the conditions of the offer formulated by “Le Sens du Détail” with the aim of concluding a Service Contract are valid.
9.2 Interruption of the Site. “Le Sens du Détail” reserves the right to cease the operation of all or part of the Site, offering of certain Services, or part thereof, at any time, definitively or provisionally, without notice.
9.3 Force majeure. Neither the non-performance, nor the late performance of its obligations by one of the parties (whether arising from the Contractual Documentation or from the Service Contract, if any) shall constitute a failure by the party in question to fulfil its contractual obligations, insofar as the delay or non-performance results from a situation of so-called force majeure (e.g. natural disasters, war, riots, civil unrest, fire) or other circumstances beyond the reasonable control of the relevant party, such as technical problems that cannot be attributed to “Le Sens du Détail”. Computer viruses and hacker attacks against computer systems are considered force majeure, provided reasonable security measures have been taken.
9.4 Assignment. The rights and/or obligations of the User, respectively of the Customer, resulting from the Contract and the Service Contract cannot be transferred to another individual or third party. The User expressly authorises “Le Sens du Détail” to transfer its rights and to subcontract any obligations resulting from the Contractual Documentation and the Service Agreement.
9.5 Partial nullity. In the event that any provision of the Contract Documentation (respectively Service Agreement) or part thereof is or becomes invalid or unenforceable, then neither the validity or enforceability of the remaining provisions or the remaining part of the provision shall be affected or impaired. The User, respectively the Customer, agrees, if applicable, to replace the invalid or inapplicable provision or part thereof with a valid or applicable provision that is as close as possible to the original provision and that, as far as possible, will achieve the same economic and legal result.
9.6 Completeness. Aside from the additional provisions included in the Service Agreement, the Contract Documentation, as described in art. 3.1, contains the entire agreement between you and “Le Sens du Détail” with respect to the subject matter of these Terms and Conditions and supersedes any agreements or understandings regarding the subject matter of these T&Cs that may have been reached between you and “Le Sens du Détail” prior to the coming into force of these T&Cs.
9.7 Non-waiver. No renunciation by “Le Sens du Détail” to require you to comply with any of the provisions of the Contract Documentation (art. 3.1) or of the eventual Service Agreement shall be considered as a waiver to rely on it or to invoke any prior or subsequent breach of the Agreement whether the breach is of a similar or different nature.
9.8 Languages. The Contractual Documentation is written in French. Possible translations may exist. In case of discrepancy between the versions, the French version is authoritative.
10 - Applicable law / Place of jurisdiction
10.1 The Agreement, all Contract Documentation, and any Service Agreement shall be interpreted and governed by Swiss law, excluding its conflict-of-law rules.
10.2 Any dispute arising out of or in connection with these terms and conditions, the Service Agreement, if any, or any other document in the Contractual Documentation shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.
11 - Entry into force / Duration / Amendments to the GTCs
11.1 The entry into force of the Service Contract and its duration shall be determined in accordance with the provisions of the conditions relating to the Service Contract.
11.2 The Contract comes into force for a given User as soon as the User accepts the Terms and Conditions, it being specified that any use of the Site constitutes tacit acceptance. The Contract shall remain in force as long as the User uses the Site.
11.3 “Le Sens du Détail” reserves the right to modify the GTCs at any time. It shall publish the modified version on the Site and will inform Users of the new Terms and Conditions by email, via a pop-up window or any other method of its choice. Should the User disagree with the modifications, he or she may terminate the Contract by ceasing all use of the Site with immediate effect. However, should the User continue to use the Site, the most recent version of the T&Cs shall be deemed to be accepted by the User.